LINCOLN -- The city of Lincoln has filed a lawsuit in Washington County Circuit Court seeking clear and legal ownership of Lincoln Square.
The petition to quiet title was filed Jan. 28 against the unknown heirs of Paul H. Easby and J.W. Rodgers, both deceased, and any and all claimants to the title of the property.
Quiet title is a lawsuit brought to establish a party's title to real property against anyone and everyone and thus "quiet" any challenges or claims to the title.
Lincoln's petition, filed by City Attorney Steve Zega, gives the legal description of Lincoln Square as Block 1 in the original town of Lincoln or Block 1 public square city hall building.
Lincoln City Council members at their Jan. 21 meeting directed Zega to pursue court action to gain legal possession of Lincoln Square. The question of legal ownership came up after a title search conducted by Waco Title did not find a warranty deed to the property in the city's name.
"I think the square belongs to us in equity," Zega told council members. "Equity is what you have when you don't have a deed."
The Washington County assessor's website shows the owner of Lincoln Square as American Legion Post No. 127, in care of the city of Lincoln, though Waco's title search didn't find a deed to the property in the name of the American Legion either.
The petition to quiet title says the city believes it holds exclusive possession to the square and seeks a declaration that it is the exclusive title holder. It says the city has maintained and occupied the square for at least 50 years and has used the square exclusively since 1975.
The city has used the square for public events such as street dances, square dances, seasonal festivities, Lincoln Rodeo parade and the Arkansas Apple Festival.
The city has paid utility bills for the building on the square for decades, pays insurance on the building and possesses and controls the only keys to the building, the petition notes. The city also provides water and sewer service to the building.
The city maintains the grounds of the square, which for decades has included mowing; leaf raking and removal; cleanup after storms and bad weather; tree care; trash cans and trash removal; and placing and removing city-owned American flags around the perimeter of the property.
The city has performed all searches required by Arkansas code to identify persons entitled to notice about the quiet title, according to the petition. Information from these searches is attached to the petition.
The title search performed by Waco Title found an original deed to the property with Paul H. Easby as owner and a possible additional interest belonging to J.W. Rodgers.
A warranty deed filed Feb. 27, 1903, shows that Kennefick Corp. sold the land for Lincoln Square to Paul Easby for $3,500.
Another document included in the petition shows the abstract of a deed from Easby to J.W Rodgers, filed with the county on March 4, 1920. The petition states this deed did not specifically convey the square from Easby to Rodgers; however, language in the abstract said, "The purpose of this deed is to convey all right, title, and interest now owned by me (Paul H. Easy) in and to Lincoln Townsite."
The petition notes Easby died May 29, 1921, as a resident of Webb City, Mo., and did not have a surviving spouse nor children but left six siblings and half-siblings. A proceeding conducted in Washington County Probate Court didn't specifically mention the square or convey the square to any person, heirs or to another entity, according to the petition.
No official filing nor transfer deed has been recorded with Washington County granting the city title to the square, the petition states.
"In fact, no official filing or deed that could be remotely tied to the square has been filed at least since 1904," according to the petition.
The petition also says handwritten notes on an assessment record seem to indicate the city had documentation at one point to prove the square belonged to the city, but the documents weren't found in any public records.
"Although the city acquired the square without a recorded warranty deed, the city has acquired equitable title to the square through ongoing upkeep and making lands available to the public and all patrons of the city," the petition says.
The petition also asks for a clear title to Lincoln Square on the basis of adverse possession. It notes Lincoln has had continuous and exclusive possession of the property for more than seven years and no one else is in possession nor control of the property.
"I think we're on solid equitable ground. We just need a circuit judge to say so," Zega told Council members.
Zega said the city could try to gain the property through eminent domain, but he recommended that only as a worse-case scenario. If the city used eminent domain, it would have to hire an appraiser to determine the value of the property and pay for the land, Zega said.
General News on 02/05/2020